[114th Congress Public Law 321]
[From the U.S. Government Publishing Office]
[[Page 130 STAT. 1623]]
Public Law 114-321
114th Congress
An Act
An Act to establish the Railroad Emergency Services Preparedness,
Operational Needs, and Safety Evaluation (RESPONSE) Subcommittee under
the Federal Emergency Management Agency's National Advisory Council to
provide recommendations on emergency responder training and resources
relating to hazardous materials incidents involving railroads, and for
other purposes. <<NOTE: Dec. 16, 2016 - [S. 546]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: RESPONSE Act of
2016. 6 USC 101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``RESPONSE Act of 2016''.
SEC. 2. RAILROAD EMERGENCY SERVICES PREPAREDNESS, OPERATIONAL
NEEDS, AND SAFETY EVALUATION SUBCOMMITTEE.
Section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) RESPONSE Subcommittee.--
``(1) <<NOTE: Deadline.>> Establishment.--Not later than 30
days after the date of the enactment of the RESPONSE Act of
2016, the Administrator shall establish, as a subcommittee of
the National Advisory Council, the Railroad Emergency Services
Preparedness, Operational Needs, and Safety Evaluation
Subcommittee (referred to in this subsection as the `RESPONSE
Subcommittee').
``(2) Membership.--Notwithstanding subsection (c), the
RESPONSE Subcommittee shall be composed of the following:
``(A) The Deputy Administrator, Protection and
National Preparedness of the Federal Emergency
Management Agency, or designee.
``(B) The Chief Safety Officer of the Pipeline and
Hazardous Materials Safety Administration, or designee.
``(C) The Associate Administrator for Hazardous
Materials Safety of the Pipeline and Hazardous Materials
Safety Administration, or designee.
``(D) The Director of the Office of Emergency
Communications of the Department of Homeland Security,
or designee.
``(E) The Director for the Office of Railroad,
Pipeline and Hazardous Materials Investigations of the
National Transportation Safety Board, or designee.
``(F) The Chief Safety Officer and Associate
Administrator for Railroad Safety of the Federal
Railroad Administration, or designee.
[[Page 130 STAT. 1624]]
``(G) The Assistant Administrator for Security
Policy and Industry Engagement of the Transportation
Security Administration, or designee.
``(H) The Assistant Commandant for Response Policy
of the Coast Guard, or designee.
``(I) The Assistant Administrator for the Office of
Solid Waste and Emergency Response of the Environmental
Protection Agency, or designee.
``(J) Such other qualified individuals as the co-
chairpersons shall jointly appoint as soon as
practicable after the date of the enactment of the
RESPONSE Act of 2016 from among the following:
``(i) Members of the National Advisory Council
that have the requisite technical knowledge and
expertise to address rail emergency response
issues, including members from the following
disciplines:
``(I) Emergency management and
emergency response providers, including
fire service, law enforcement, hazardous
materials response, and emergency
medical services.
``(II) State, local, and tribal
government officials.
``(ii) Individuals who have the requisite
technical knowledge and expertise to serve on the
RESPONSE Subcommittee, including at least 1
representative from each of the following:
``(I) The rail industry.
``(II) Rail labor.
``(III) Persons who offer oil for
transportation by rail.
``(IV) The communications industry.
``(V) Emergency response providers,
including individuals nominated by
national organizations representing
State and local governments and
emergency responders.
``(VI) Emergency response training
providers.
``(VII) Representatives from tribal
organizations.
``(VIII) Technical experts.
``(IX) Vendors, developers, and
manufacturers of systems, facilities,
equipment, and capabilities for
emergency responder services.
``(iii) Representatives of such other
stakeholders and interested and affected parties
as the co-chairpersons consider appropriate.
``(3) Co-chairpersons.--The members described in
subparagraphs (A) and (B) of paragraph (2) shall serve as the
co-chairpersons of the RESPONSE Subcommittee.
``(4) <<NOTE: Deadline.>> Initial meeting.--The initial
meeting of the RESPONSE Subcommittee shall take place not later
than 90 days after the date of enactment of the RESPONSE Act of
2016.
``(5) Consultation with nonmembers.--The RESPONSE
Subcommittee and the program offices for emergency responder
training and resources shall consult with other relevant
agencies and groups, including entities engaged in federally
funded research and academic institutions engaged in relevant
work
[[Page 130 STAT. 1625]]
and research, which are not represented on the RESPONSE
Subcommittee to consider new and developing technologies and
methods that may be beneficial to preparedness and response to
rail hazardous materials incidents.
``(6) <<NOTE: Evaluations.>> Recommendations.--The RESPONSE
Subcommittee shall develop recommendations, as appropriate, for
improving emergency responder training and resource allocation
for hazardous materials incidents involving railroads after
evaluating the following topics:
``(A) The quality and application of training for
State and local emergency responders related to rail
hazardous materials incidents, including training for
emergency responders serving small communities near
railroads, including the following:
``(i) Ease of access to relevant training for
State and local emergency responders, including an
analysis of--
``(I) the number of individuals
being trained;
``(II) the number of individuals who
are applying;
``(III) whether current demand is
being met;
``(IV) current challenges; and
``(V) projected needs.
``(ii) Modernization of training course
content related to rail hazardous materials
incidents, with a particular focus on fluctuations
in oil shipments by rail, including regular and
ongoing evaluation of course opportunities,
adaptation to emerging trends, agency and private
sector outreach, effectiveness and ease of access
for State and local emergency responders.
``(iii) Identification of overlap in training
content and identification of opportunities to
develop complementary courses and materials among
governmental and nongovernmental entities.
``(iv) Online training platforms, train-the-
trainer, and mobile training options.
``(B) The availability and effectiveness of Federal,
State, local, and nongovernmental funding levels related
to training emergency responders for rail hazardous
materials incidents, including emergency responders
serving small communities near railroads, including--
``(i) identifying overlap in resource
allocations;
``(ii) identifying cost savings measures that
can be implemented to increase training
opportunities;
``(iii) leveraging government funding with
nongovernmental funding to enhance training
opportunities and fill existing training gaps;
``(iv) adaptation of priority settings for
agency funding allocations in response to emerging
trends;
``(v) historic levels of funding across
Federal agencies for rail hazardous materials
incident response and training, including funding
provided by the private sector to public entities
or in conjunction with Federal programs; and
``(vi) current funding resources across
agencies.
[[Page 130 STAT. 1626]]
``(C) The strategy for integrating commodity flow
studies, mapping, and rail and hazardous materials
databases for State and local emergency responders and
increasing the rate of access to the individual
responder in existing or emerging communications
technology.
``(7) Report.--
``(A) In general.--Not later than 1 year after the
date of the enactment of the RESPONSE Act of 2016, the
RESPONSE Subcommittee shall submit a report to the
National Advisory Council that--
``(i) includes the recommendations developed
under paragraph (6);
``(ii) specifies the timeframes for
implementing any such recommendations that do not
require congressional action; and
``(iii) identifies any such recommendations
that do require congressional action.
``(B) Review.--Not later than 30 days after
receiving the report under subparagraph (A), the
National Advisory Council shall begin a review of the
report. The National Advisory Council may ask for
additional clarification, changes, or other information
from the RESPONSE Subcommittee to assist in the approval
of the recommendations.
``(C) Recommendation.--Once the National Advisory
Council approves the recommendations of the RESPONSE
Subcommittee, the National Advisory Council shall submit
the report to--
``(i) the co-chairpersons of the RESPONSE
Subcommittee;
``(ii) the head of each other agency
represented on the RESPONSE Subcommittee;
``(iii) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(iv) the Committee on Commerce, Science, and
Transportation of the Senate;
``(v) the Committee on Homeland Security of
the House of Representatives; and
``(vi) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(8) Interim activity.--
``(A) Updates and oversight.--After the submission
of the report by the National Advisory Council under
paragraph (7), the Administrator shall--
``(i) provide annual updates to the
congressional committees referred to in paragraph
(7)(C) regarding the status of the implementation
of the recommendations developed under paragraph
(6); and
``(ii) <<NOTE: Coordination.>> coordinate the
implementation of the recommendations described in
paragraph (6)(G)(i), as appropriate.
``(B) Sunset.--The requirements of subparagraph (A)
shall terminate on the date that is 2 years after the
date of the submission of the report required under
paragraph (7)(A).
[[Page 130 STAT. 1627]]
``(9) Termination.--The RESPONSE Subcommittee shall
terminate not later than 90 days after the submission of the
report required under paragraph (7)(C).''.
Approved December 16, 2016.
LEGISLATIVE HISTORY--S. 546:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 114-808 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 114-85 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 162 (2016):
May 9, considered and passed Senate.
Nov. 29, considered and passed House, amended.
Dec. 9, Senate concurred in House amendment.
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